2163.06 Relationship of Written Description Requirement to New Matter - 2100 Patentability

說明書沒有記載，但是請求項有記載時，則可以修正說明書使其包含將請求項的發明。

2163.06 Relationship of Written Description Requirement to New Matter - 2100 Patentability: "III. CLAIMED SUBJECT MATTER NOT DISCLOSED IN REMAINDER OF SPECIFICATION

The claims as filed in the original specification are part of the disclosure and therefore, if an application as originally filed contains a claim disclosing material not disclosed in the remainder of the specification, the applicant may amend the specification to include the claimed subject matter. In re Benno, 768 F.2d 1340, 226 USPQ 683 (Fed. Cir. 1985). Form Paragraph 7.44 may be used where originally claimed subject matter lacks proper antecedent basis in the specification. See MPEP § 608.01(o)."

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